[Ord. 314, 5/13/1986, Art. III, § 3; as amended
by Ord. 820, 12/8/2003; and by Ord. 953, 5/2/2011, § 1]
1. Before any work or activity may be begun or done within any Township
right of way, a permit must first be obtained pursuant to the requirements
of this Part.
A. Normal Permit Procedures. Applications for a pave cut permit shall
be available from the Ferguson Township Engineer at the Township Office.
An authorized agent of a utility or contractor may complete said application
at the Township Office. This shall be done a minimum of one week in
advance of a planned excavation. Upon submission of the application,
the applicant shall submit the fee as set by the Board of Supervisors
of the Township. A copy of the completed application signed by the
Director of Public Works, or his designee, shall be in the hands of
a competent person at the work site described in said application
and shall constitute a permit.
B. Emergency Permit Procedures. In the case where an emergency repair,
as hereinbefore defined, is found, the utility shall notify the Township,
and inform it that an emergency existed and the day, time, and location
of the emergency work. Emergency work shall be recorded in the Right
of Way Occupancy Log at the start of the next business day following
the emergency.
C. Non-fee Permits. Work necessitated by municipal-sponsored public
improvements will be on a non-fee basis but limited to a specific
contract area. A list noting exact locations and dimensions of all
such cuts shall be submitted to the Township Office at the completion
of work. Notification will be required for any work done within the
right of ways of state highways located within the Township for which
a highway occupancy permit has been issued.
D. Insurance Protection. The applicant shall protect, defend, indemnify
and save harmless the Township, its officers, employees and agents
thereof from all claims, suits, actions and proceedings of every nature
and description which may be thereof, for, or on account of any injuries
or damages to persons or public or private property, because of any
materials or appliances used in the work, or by or on account of improper
materials or workmanship, or for or on account of any accident of
any other act, negligence or omission of said applicant, or his agents,
servants, or employees and the Township shall not in any way be liable
therefor, during the period of the work progress and the two-year
guarantee period following the acceptance of the work.
(1)
Minimum insurance shall be:
(a)
Five hundred thousand dollars liability combined single limit
each occurrence and aggregate.
(b)
Five hundred thousand dollars liability for property damage.
(c)
Evidence of insurance in the form of a certificate or letter
executed by a duly authorized representative of the applicant's insurance
carrier shall be submitted to the Director of Public Works each January
15. Said evidence of insurance must include the provision that the
Township shall be given proper advance notice of at least 30 days
of cancellation or any material alteration in the applicant's policy.
Applicant shall have Township named on the insurance policy as an
"additional insured," and shall provide a copy of said policy to Township.
At the request of Township, the applicant shall execute a document
containing the covenants of protection, defense, indemnity, and save
harmless contained in this subsection.
E. Safety Precautions. During the progress of work the applicant shall
provide and maintain such barricades, warning signs and flag persons
as may be deemed necessary by the Township to prevent accidents to
the public and/or adjoining tenants, and as a minimum shall adhere
to the requirements of PennDOT Publication 203-Work Zone Traffic Control,
as amended and superseded.
[Ord. 314, 5/13/1986, Art. III, § 3]
All work done without a permit shall be subject to a penalty
plus the payment of the fee which would have been required pursuant
to the Fee Schedule.
[Ord. 314, 5/13/1986; as added by Ord. 820, 12/8/2003]
1. Any person who violates any provision of this Part shall be, upon
conviction thereof in a proceeding commenced before a district justice
pursuant to the Pennsylvania Rules of Criminal Procedures, sentenced
to a fine of not less than $100 nor more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day a violation of this Part continues
shall constitute a separate offense.
2. Other Remedies. In addition to all other remedies, the Township of
Ferguson may institute any appropriate action or proceeding to prevent,
restrain, correct or abate any violation of this Part.